Draft Amendments to the Tamil Nadu Factories Rules and the Tamil Nadu Child Labour (Prohibition and Regulation) Rules
The Labour and Employment Department, Government of Tamil Nadu, issued G.O.Ms.No. 4, Labour and Employment (M2), dated 7 January 2019, and G.O.Ms.No. 6, Labour and Employment (U2), dated 10 January 2019, proposing amendments to factory administration and child and adolescent labour rules. Published as drafts in the Tamil Nadu Government Gazette on 6 February 2019, the amendments were to be considered after forty five days, with objections and suggestions accepted before that period expired.
What the notifications do
The Labour and Employment Department published two separate sets of draft amendments. They were proposals for public comment, not stated in the source as final amendments already in force. They do not change land ownership, property registration or permitted land use.
Tamil Nadu Factories Rules proposal
G.O.Ms.No. 4, Labour and Employment (M2), dated 7 January 2019, proposes amendments to the Tamil Nadu Factories Rules, 1950. It would:
- Replace the period of ten consecutive calendar years with fifteen consecutive calendar years in subrule (6-A) of rule 4.
- Make the same replacement in the second proviso to subrule (3) of rule 7.
People likely to be affected could send objections or suggestions in duplicate to the Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St. George, Chennai 600 009, through the Director of Industrial Safety and Health, Guindy, Chennai 600 032.
Child and adolescent labour proposal
G.O.Ms.No. 6, Labour and Employment (U2), dated 10 January 2019, proposes changing the name and content of the Tamil Nadu Child Labour (Prohibition and Regulation) Rules, 1994. Key proposals include:
- Replacing references to child labour with child and adolescent labour and adding definitions for the rehabilitation fund, inspectors, municipalities and panchayats.
- Requiring public awareness, reporting channels, public display of legal information, educational material and training for relevant authorities and stakeholders.
- Allowing a child to help in a family enterprise only under safeguards concerning education, hazardous work, working times, rest and other laws.
- Requiring a school Principal or Head Master to report when a child remains absent for thirty consecutive days without intimation.
- Regulating children working as artists, including District Magistrate permission, parental or guardian consent, education and safety arrangements, working time limits and responsible adult supervision.
- Requiring at least twenty percent of a child artist's income to be deposited in a fixed deposit account in a nationalised bank in the child's name.
- Limiting an adolescent's working hours to those permitted by the law applicable to the establishment.
Objections or suggestions were to be submitted in duplicate through the Commissioner of Labour, D.M.S. Compound, Teynampet, Chennai 600 006.
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Common questions
Were these amendments already in force when published?
The source describes them as draft amendments proposed for consideration after forty five days from publication. It does not state that they had become final.
Can a child help in a family business under the proposed rules?
Yes, subject to safeguards. The work must not affect education, involve a hazardous occupation, occur during school hours or between 7 p.m. and 8 a.m., or exceed three hours in a day excluding rest.
What permission is proposed for employing a child as an artist?
A producer of an audio visual production or commercial event must obtain permission from the District Magistrate where the activity will occur. The producer must also provide an undertaking, participant list, parental or guardian consent and safety information before the activity starts.
Does this Gazette notification affect my land or property purchase?
The notification concerns factory rules and child and adolescent labour rules. It contains no stated change to land ownership, property registration or land use.
